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Simonsen v. Malone Evening Telegram

Citations: 87 A.D.2d 710; 448 N.Y.S.2d 894; 8 Media L. Rep. (BNA) 1426; 1982 N.Y. App. Div. LEXIS 16049

Court: Appellate Division of the Supreme Court of the State of New York; March 17, 1982; New York; State Appellate Court

Narrative Opinion Summary

In this libel action, the plaintiff, an automobile dealer, sought partial summary judgment against the defendant, a publisher, following the publication of an article that incorrectly stated the plaintiff's involvement in a break-in at his dealership. The article erroneously reported the plaintiff's arrest in connection with the break-in, although he was only charged in a separate incident. Upon realizing the error, the defendant issued a retraction and apology the following day. The Supreme Court at Special Term determined that the article addressed a matter of legitimate public concern, necessitating that the plaintiff prove gross irresponsibility on the part of the defendant in its information-gathering practices. The reporter's reliance on police files and subsequent misidentification of the involved individual were key points of contention. The appellate court upheld the lower court's decision, affirming the denial of the plaintiff's motion for partial summary judgment, as the defendant had successfully raised a factual issue regarding their potential culpability under the relevant legal standards.

Legal Issues Addressed

Libel and Matters of Public Concern

Application: The court requires the plaintiff to demonstrate that the defendant acted with gross irresponsibility in reporting on a matter of public concern.

Reasoning: The Supreme Court at Special Term concluded that the article was a matter of legitimate public concern, requiring the plaintiff to prove that the defendant acted with gross irresponsibility regarding their information-gathering practices.

Standard for Summary Judgment in Libel Cases

Application: The appellate court found that a factual issue regarding the defendant's culpability precluded summary judgment.

Reasoning: The appellate court found that the defendant had raised a factual issue regarding their culpability under established legal standards. Consequently, the denial of the plaintiff's motion for partial summary judgment was upheld.